Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1887-01-21
Common Barratry.


The Indictment of VIM. L. Royal of the
Richmond bar, jointly with Others, by
grand jury of that city for the offence Of
barratry in soliciting suits against the
Commonwealth of Virginia, which was
done last week, will serve to direct the
public mind to an offense, which in the
early history of our law was vigorously
prosecuted and severely punished, but
which in late years in this busy country
has fallen into kind of "innocuous desu-
etude."
In the English practice and the earlier
judicial history of this country, it was
considered grave misdemeanor, as well
as unprefessional condescension, for law
yer in any way to encourage litigation
ameng the people by soliciting suits in
the courts. Sir William Blackstone in
bis commentaries thus refers to the offense ::
Common barratry is the offence Of fire.
quently exciting and stirring up suits and
quarrels between bis majesty's subjects,
either at law or otherwise. The punish
ment for this offence in common person
is by fine and imprisonment; but if the
offender Gas is too freq uently the case) re-
longs to the profession of the law, a bar
rotor who is thus able, as well as willing
to do mischief ought also to be disabled
from practiciag for the future. And in
deed it is enacted by statute 70 Geo. l.,
ch 30, that if any one, who has been con-
victed of forgery. perjury, subornation OF
perjury or common barratry, shall prac-
tice as an attorney, solicitor, or agent, in
any suit, the court, upon complaint, shall
examine it in a summary way, and, il
proved, shall direct the offender to be
transported for seven years."
Now the statute of Geo. 1. thus referred
to, as we'll as the common law, is in force
in Virginia and Maryland and most of
the United States. yet ia late years in this
busy country, where admission into the
legal profession is so easy, many unprin-
cipled men are found in its ranks who, iI
the eagerness of their thrift, are not con-
tent to let other people originate their own
disputes and seek their own counsel; but
are busy by the wayside and amid the
people assisting them in both respects in
order to obtain grist for their own mills.
While such men are always regarded as
the providing wolves of the legal pro-
fession and are held in just contempt by
respectable lawyers and all respectable
citizens; yet they often pursue their ne
farious calling unmolested by criminal
prosecution, aud grow rich and insolent
thereby.
Mr.. Royal is an honorable and highly
reputable member of the legal profession.
The alleged offease out of which the pre-
sent charge against him grows, is that, be-
ing the representative of large class of
English holders of Virginia bonds he. or
those with whom he is indicted, made ef-
forts or solicitations to induce all holders
of similar bonds to unite with him in the
litigation already begun against the State
for the vindication of the rights of the
bondholders. This offense, if it is an Of
tense, while it may be within the letter Of
the offense Of barratry, is not within its
mischief; and is such, as it would seem,as
an honorable lawyer may do without i'm
propriety. 1t is probable that it will be
SO adjudged when the case comes to trial !;
but it would doubtless be OF great benefit
to the public if prosecutions for this Of
Tense were more frequent.